1. The facts mentioned in the case of M C Mehta Vs. State of Tamil Nadu3 2. Court’s Decision5
3. International Perspectives on Child labour6
3.1 Child labour Practices around the World7 3.2 Some of the Good Practices on Child labour across the World8 4. Evolution of the constitutional and legal provisions relating to child labour in India11 5. Suggestions (legal as well as non-legal) for tackling the child labour problem14 Legal suggestions14

Non-Legal suggestions14
6. References15

1. The facts mentioned in the case of M C Mehta Vs. State of Tamil Nadu

Occurrence of a major accident in Sivakasi and happenings thereafter (facts in the case)

In an "unfortunate accident", in one of the Sivakasi cracker factories:- The number of persons who died was stated as 39 by the Tamil Nadu Government.

In our country, Sivakasi has been the worst offender in the matter of violating “prohibition of employing child labour”. In lieu of this, the public-spirited lawyer, Shri M.C. Mehta invoked the Court's power under Article 32, because it was the violation of the fundamental right of the children guaranteed by Article 24.

An advocates' committee was formed to visit the area and make a comprehensive report relating to the various aspects of the matter. The Committee members were:

• Shri R. K. Jain, a Senior Advocate

• Ms Indira Jaising, another Senior Advocate

• Shri K. C. Dua, advocate.

The court rejected the following affidavits in regard to this case and decided to uphold the recommendations of the committee:-

• An affidavit of the President of the All India Chamber of Match Industries, Sivakasi, on record which contains its reaction to the recommendations of the Committee

• An affidavit filed by the President of Tamil Nadu Fireworks and Amorces Manufactures' Association

The court mentioned the following facts of violations of prohibition of child labour at Sivakasi:-

• First of these reports is of a Committee which had been constituted by the Labour Department by the Tamil Nadu Government vide its GOMs dated 19-3-1984, under the Chairmanship of Thiru N. Haribhaskar. The report of the Committee is voluminous, as it runs into 181 pages and contains a number of annexure. The Committee reviewed the working conditions and measures taken to mitigate the sufferings of the child labour and has made various recommendations This work is of October 1985

• Second report deals with the causes and circumstances of the fire explosions which had taken place on 12-7-1991 at Dawn Amorces Fireworks Industries and it contains remedial measures

• Third and the final report relating to Sivakasi workers which relates to elimination of child labour in the match and fireworks industries in Tamil Nadu is of 30-3-1993. The representatives of the Department of Labour and Employment, Social Welfare and Education had prepared this report in collaboration with UNICEF and it speaks of "A proposed strategy framework"

A 16-member Committee had come to be set up by a resolution of the Labour Ministry dated 6-2-1979 and 7-2-1979 under the Chairmanship of Shri M.S. Gurupadaswamy.

The report’s (dated 24-6-1981) conclusion regarding child labour which was considered in the case:

“Extreme poverty, lack of opportunity for gainful employment and intermittency of income and low standards of living are the main reasons for the wide prevalence of child labour. Though it is possible to identify child labour in the organised sector, which forms a minuscule of the total child labour, the problem relates mainly...

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...ChildLabour
The future of a community is in the well being of its children. The above fact is beautifully expressed by Wordsworth in his famous lines “child is father of the man”. So it becomes imperative for the health of a nation to protect its children from premature labor which is hazardous to their mental, physical, educational and spiritual development needs. It is urgently required to save children from the murderous clutches of social injustice and educational deprivation, and ensure that they are given opportunities for healthy, normal and happy growth.
The venerable Indian poet Rabindranth Tagore has said time and again, that every country is absolutely bound by its duty to provide free primary education to its children. It is important to remember that industrialization can afford to wait but youth cannot be captured for long. It is imperative that the basic tenet made in article 24 of the Indian constitution – prohibiting the employment of any child below fourteen years of age, in a factory, mine or any other hazardous employment be stopped – be adhered to. There should be no ambiguity in ensuring the right of every child to free basic education and the promise of the constitution should be fully implemented in the here and now.
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...| CHILDLABOUR IN INDIACHILDLABOUR(harish).pptx (Size: 2.57 MB / Downloads: 17)
INTRODUCTION
ChildLabour, consisting of children below 14 years of age, is defined by the International Labour Organization (ILO)
Childlabour is a universal problem and as a citizen of India we must strive to take stern actions againstchildlabour.
Who Is a ChildLabour?
Children are the greatest gift to humanity and the same gift is being misused for personal gains as childlabour..
person who has not completed his 14th year of age ,such person engaged for wages, whether in cash or in kind, is a child worker.
Childlabour is more a rural phenomenon than an urban phenomenon. Due to acute poverty poor families residing in rural areas send their children to urban areas for bread and butter.
Different Sectors
In India children are employed both in organized and unorganized sectors in rural and urban areas of which 90 percent is in rural areas.
Children are engaged in activities like so wing,weeding, harvesting, tending of cattle, shoe-polishing, rag picking, beedi making, construction activities, hotel sand restaurants work, helper at garages, households and soon....

...in certain particular context, work formed a part of the training process of the child and prepared him for adult life and did not involve exploitation. ( Weiner, M. 1991)
4. In India there is law that children under the age of 18 should not work but, there is no outright ban on child labor, and the practice is generally permitted in most industries except those deemed "hazardous". Although a law in October 2006 banned child labor in hotels, restaurants, and as domestic servants, there continues to be high demand for children as hired help in the home. Current estimates as to the number of child laborers in the country range from the government's conservative estimate of 12 million children under 13 years of age to the much higher estimates of children's rights activists, which hover around 60 million.
5. India has no outright ban on child labor, and had long allowed the employment of children under 14 in all but what are deemed "hazardous" occupations.( New York times)
Young children are in as great a demand as ever as maids and nannies. "Because of the booming economy and the spread of the nuclear family, we've seen a rise in demand for domestic help, at a time when it's becoming more expensive to employ people," said Surina Rajan of the International Labor Organization. "So families are looking for a cheaper option."
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...﻿ChildLabour in IndiaChildlabour has emerged as an increasingly important issue, reflecting heightened sensitivity to problems at all levels. The Constitution of India and successive governments have targeted its elimination and promoted universalisation of education.
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But not nearly enough. According to the International Labour Organisation’s (ILO) latest – though imperfect global estimate, approximately 246 million children between the age of five and 15 are engaged in “childlabour”. The ILO further guesses that seven in 10 of them are in agriculture, followed by service businesses (22 per cent) and industry (nine per cent). Asia-Pacific claims the greatest share of child workers (122 million), then sub-Saharan Africa (49 million).
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...Childlabour in India
Of 12.6 million children in hazardous occupations, India has the highest number of labourers in the world under 14 years of age.[1] Although the Constitution of India guarantees free and compulsory education to children between the age of 6 to 14 and prohibits employment of children younger than 14 in any hazardous environment, childlabour is present in almost all sectors of the Indian economy[2] Companies including Gap,[3] Primark,[4] Monsanto[5] etc have been criticised for using childlabour in either their operations in India or by their suppliers in India.
Sectors involved in childlabour
Beedi manufacture
A survey conducted between 1994 and 1995 revealed that child workers comprise of more than 30% of total hired workers in the beedi manufacture sector .[6] The United States Customs Service subsequently banned the import of Beedis made in Ganesh Beedi Works of Mangalore [7]
Diamond industry
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...
ChildLabour (Prohibition and Regulation ) Act, 1986
Introduction
Childlabour is the practice of having children engage in economic activity, on part or full-time basis. The practice deprives children of their childhood, and is harmful to their physical and mental development. Poverty, lack of good schools and growth of informal economy are considered as the important causes of childlabour in India. The 2001 national census of India estimated the total number of childlabour, aged 5–14, to be at 12.6 million, out of a total child population of 253 million in 5-14 age group. A 2009-2010 nationwide survey found childlabour prevalence had reduced to 4.98 million children (or less than 2% of children in 5-14 age group). The childlabour problem is not unique to India; worldwide, about 217 million children work, many full-time.
Article 24 of India's constitution prohibits childlabour. Additionally, various laws and the Indian Penal Code, such as the Juvenile Justice (care and protection) of Children Act-2000, and the ChildLabour (Prohibition and Abolition) Act-1986 provide a basis in law to identify, prosecute and stop childlabour in India.
Being an...

...children of tender age have to work in inhuman conditions for 10 to 15 hours a day which may include dhabas,brick kilns,small factories and cottage industries.even small children are seen selling newspapers and other articles on the road which may be a risk to their lives.
the child workers are generally ill fed and treated like bonded labourers.they are often beaten at the slightest excuse and even underpaid. in south india,thousands of children work in fire crackers and match factories.many of them get killed in accidents and fires.in uttar pradesh lakhs of children are employed in the carpet industry.in this industry,children have to work in inhuman conditions.the main reason that compels many poor parents to send their children to work is poverty.the government admits thereal solution lies in the complete elimination of childlabour.
though the government has enforced many measures but these measures are effective only as long as their are facilities for the parents of such children to send them to school.it is a shame that india has the distinction of employing the largest number of children in most inhospitable and inhuman surroundings.this evil practice should be stopped by enforcing the childlabour act with all strictness and punishing the defaulters.efforts of the part of general public and non gvernment organisations can help to tackle this problem.
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Childlabour in India
The problem of childlabour exploitation is a major challenge to the progress of developing countries. Children work at the cost of their right to education which leaves them permanently trapped in the poverty cycle, sadly without the education and literacy required for better-paying jobs. This is particularly serious in India as it tops the list with the highest number of child labourers in the world. The 2001 national census of India estimated the total number of childlabour, aged 5–14, to be at 12.6 million.[1]
Out of the 12.6 million, about 1 million engages in hazardous job. However according to informal labour force statistics, the problem seems to be more severe than reflected. Childlabour is estimated to be as large as 60 million in India, as many children are "hidden workers" working in homes or in the underground economy.[2] In the long run, this phenomenon will evolve to be both a social and an economic problem as economic disparities widen between the poor and educationally backward states and that of the faster-growing states. India has the highest number of labourers in the world under 14 years of age.[3]
Although the Constitution of India guarantees free and...